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TERMS OF USE

This website (hereinafter, the Web) is owned by SM de Ediciones, S.A de C.V., a company established in accordance with the laws of the Mexican Republic, located at Magdalena N¬į 211, Colonia Del Valle, Benito Ju√°rez Mayor’s Office, Mexico City, Postal Code 03100, and with Federal Taxpayer Registry number SED951207JX2, registered in the Public Registry of Commerce of Mexico City under Commercial Folio number 206726 on March 20, 1996 (hereinafter “SM” or the “Responsible Party”).

Customer service: through the following email clientes.mx@grupo-sm.com.

Data Protection Officer: dpo.mx@grupo-sm.com.

Accessing, reproducing, and using the Web requires prior acceptance of the Terms of Use in force at all times, which SM reserves the right to modify when deemed appropriate by publishing the new text in its successive updates. It is the user’s responsibility to be aware of the Terms of Use before accessing the products and services of the Web; if you do not agree with them, please refrain from using it.

Description of the Website

The Web is a portal that allows expanding horizons and opportunities available for teaching and learning the English language.

Registration

It is an essential requirement to access and benefit from the advantages and services offered through the Web (except for the sections of free navigation) that the user registers beforehand through the form enabled for this purpose, accepting these Terms of Use and Privacy Notice [https://development.udpglobal.com/].

SM reserves the right to verify the accuracy of the information provided when registering. The user is responsible for the truthfulness, accuracy, and updating of the information provided through the Web; in this sense, the use of false identities and impersonation in any way of third parties’ identities (including using their data, passwords, or keys) is prohibited.

The user must diligently safeguard the username and access password to the Web, personally responding to their misuse and releasing SM from any liability that may arise from its loss or illegitimate access by a third party. In those cases, as well as in case of forgetting the password, SM has a system enabled to recover it.

Intellectual Property

The Web is a work composed of various integrated and inseparable elements (text, illustrations, photographs, designs, computer programs – including html codes -, etc.), whose Intellectual Property belongs to SM, except for materials obtained under license from third parties. SM and its licensors retain at all times Intellectual Property rights over the Web and its various components individually considered in all copies made (regardless of the medium they are incorporated into), granting only a right to use them in accordance with these Terms of Use for strictly private purposes.

In addition to the above, SM is responsible for selecting, designing the structure and layout of the contents of the Web, as well as being the one who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presenting it, therefore being entitled to protection that Intellectual Property laws may grant over it when considered as a database.

SM is also the exclusive owner of the design and graphic image of the Web, reserving legal actions against individuals who may imitate or unfairly use them.

SM’s trademarks or those of third parties appearing on the Web may not be reproduced or used separately from where¬†they¬†appear.

Allowed Uses

Web users are allowed (if applicable, after registering on the site):

Navigation, that is, accessing and viewing the Web on a device, with any temporary or ancillary reproduction authorized as long as it is not voluntary and is an integral and essential part of the technological transmission process.

Permanently reproduce, on any type of support (except network server centers or equivalent devices), the materials expressly indicated on the Web as available for download, under the conditions specified below in this same clause.

Benefit from the services and advantages provided by SM through the Web, under the conditions expressly stated in the different sections.

These authorized operations can only be carried out by users in their private sphere, and legitimate copies obtained from both the Web and the products indicated on it as available for download can only be used by them for strictly personal and private purposes. Consequently, any operations that are contrary to the law, good customs, good faith, especially:

Any use outside the user’s personal and private sphere, especially those with commercial or professional purposes.

Modifying them and, in general, any transformation of them, including translation, adaptation, arrangement, or any other modification, especially correcting errors in computer programs, from which no successive versions or derivative programs can be made.

Loading and/or using them on any computer network system, even if access to it cannot be simultaneous for different users of that network.

Any type of extraction, public communication and/or transmission, total or partial, by any means, outside the permitted private use sphere and especially their incorporation into any other work, including websites, collections or databases.

The removal, hiding or falsification of notices and warnings regarding the Intellectual Property of the Web or any of the products or services provided through it.

The operations and activities expressly prohibited in any other sections of these Terms and Conditions and, in general, anything that may harm the normal functioning of the Web, SM, other users or any third party.

User Behavior

Users agree to make appropriate use of the content and services offered through the Web and not to use them to (i) engage in illegal activities or activities contrary to good faith and public order; (ii) spread content or propaganda of a racist, xenophobic, pornographic nature, promoting terrorism or violating human rights; (iii) cause damage to SM’s physical and logical systems, its suppliers’ systems or third parties’ systems; introduce or spread computer viruses or any other physical or logical systems that could cause the aforementioned damages; (iv) spread content that undermines SM’s or third parties’ image and reputation; (v) violate Intellectual Property rights, Industrial Property rights, image rights, honor rights or others belonging to SM or third parties.

Only comments, content and publications related to or appropriate to the content and purposes of the Web will be allowed. SM will have full discretion to decide whether user contributions are finally published on the Web or not and is authorized to remove them when deemed appropriate. SM is authorized to publish on the Web contents supplied by users partially, summarized or abbreviated.

The inclusion on the Web of elements provided by users does not imply any endorsement, sponsorship or recommendation by SM of them; therefore we will not be responsible at all regarding their content and legality.

Third-party content

The inclusion on the Web of elements provided by third parties does not imply any endorsement, sponsorship, or recommendation by SM, so we will not be responsible at all regarding their content and legality. In the case of third-party advertising (including sponsorships), advertisers will be solely responsible for ensuring that the advertising material complies with applicable laws, and SM will not be responsible for any errors or irregularities that may exist in it.

By providing access through the Web (via links or banners) to pages and websites, information, services, programs, or data belonging to third parties, SM does not become the editor of such content, nor is it directly or indirectly responsible for any claims that may arise from the quality, reliability, accuracy, legality, or correctness of such content.

Links to the Web

The establishment of links and hyperlinks to the Web from other pages or websites is authorized, as long as they are not made in a way that damages the public image and brand of SM, its users, or any of the people and products referenced therein. The use of techniques that involve confusion about the identity and ownership of the content, such as framing or others, as well as those that allow access to services and content for which SM may require prior registration (deep linking), is expressly prohibited in establishing these links.

It is prohibited to establish links from pages or websites whose content promotes or advocates, directly or indirectly, any kind of violence, discrimination, pornography, or illegal activity. Likewise, the establishment of links for commercial purposes is expressly prohibited.

In creating links, the use of elements extracted from the Web without the prior and express consent of SM is expressly prohibited.

Under no circumstances should it be understood that links to the Web from third-party pages or websites imply relationships between SM and their owners, nor any endorsement, sponsorship, or recommendation thereof. Therefore, SM will not be responsible at all for their content and legality.

Modifications

SM reserves the right to make modifications it deems appropriate on the Web through successive updates, including changing, removing, or adding both the content and services provided through it and how they are presented or located.

Although SM will make every effort to keep the information contained on the Web updated and error-free, no guarantee is offered regarding its accuracy and currency. Nor is obtaining any specific result or purpose guaranteed; therefore, access to and use of the Web is voluntary and the sole responsibility of users.

Security

Unless expressly stated otherwise, transmissions from the Web are not carried out in a secure environment. Therefore, SM does not guarantee uninterrupted or error-free access and is exempt from any liability for damages resulting from use or inability to use (including all indirect damages such as loss of profits, business opportunities, information loss etc.).

SM’s Responsibility

By using and enjoying the products and services on the Web, SM does not guarantee obtaining any specific result or purpose nor their suitability for a specific user activity or interest.

Under no circumstances will SM be liable for indirect damages, moral damages, loss of profits, as well as other damages resulting from force majeure causes such as widespread network failures, strikes, wars, pandemics, states of siege or any similar situation beyond its control that prevents the proper functioning of the Web. SM’s liability is limited exclusively to direct damages that may be caused to users due to causes attributable to it with a maximum limit of the amount¬†paid¬†by¬†them.

Law and jurisdiction

These Terms of Use are subject to the legislation of SM’s domicile.

In the event of any conflict or discrepancy in their interpretation or application, it will be understood that SM and the user have submitted to the jurisdiction of the Courts and Tribunals of the domicile of SM, unless the applicable legal regulations mandate submission to a different jurisdiction.

SM will pursue the breach of these Terms of Use, as well as any misuse of the Website or its contents, infringements of the rights corresponding to it or its licensors, especially those related to Intellectual Property, exercising all actions, civil and criminal, that may correspond to it under the law.

Last update: November 18, 2023

 

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